ESQ HQNEW YORK LAW WATCH

Appellate Division, First Department · October 6, 2026 · 2026 NY Slip Op 05712

5 Beekman Property Owner, LLC et al. v Henick-Lane, Inc.

Read the official decision: 2026 NY Slip Op 05712

Holding The court affirmed the order requiring plaintiffs to return a settlement payment made by the defendant’s insurer based on a mistaken belief that a settlement had been reached. The court held that the voluntary payment doctrine did not apply because the insurer reserved rights and the payment was based on a mistake of material fact.

The court’s words

bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law

2026 NY Slip Op 05712, at the official text

the payment was based on the insurer's mistake

2026 NY Slip Op 05712, at the official text

contempt may not be used to enforce the payment of a money judgment

2026 NY Slip Op 05712, at the official text

both plaintiffs jointly received and deposited the settlement check

2026 NY Slip Op 05712, at the official text
CourtAppellate Division, First Department
DecidedOctober 6, 2026
Citation2026 NY Slip Op 05712
Area of lawContracts and Commercial · Civil Procedure
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05712
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id934

Recommended citation

ESQ HQ, New York Law Watch, 5 Beekman Property Owner, LLC et al. v Henick-Lane, Inc., 2026 NY Slip Op 05712 (Appellate Division, First Department, October 6, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05712/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 6, 2026. Updated October 6, 2026.